MATTER OF BRINKMAN

No. 98-CA-0159.

717 So.2d 681 (1998)

In the Matter of Leon E. BRINKMAN and his Spouse, Deborah Alciatore Brinkman.

Court of Appeal of Louisiana, Fourth Circuit.

August 5, 1998.


Attorney(s) appearing for the Case

Harry F. Connick, District Attorney of Orleans Parish, Eric Barefield, Assistant District Attorney, Eizabeth A. Chatelain, Assistant District Attorney, New Orleans, Louisiana, for The State of Louisiana/appellant.

Before BARRY, KLEES and McKAY, JJ.


BARRY, Judge.

The State of Louisiana filed a rule to make child support arrearages executory. The trial court held that the claim for payments more than five years in arrears prescribed. The court awarded $13,000 for five years of past due child support. The state argues that the action is subject to a ten year liberative prescription and therefore the trial court should have awarded $31,061.21.

We hold that the legislative enactment of the ten year prescriptive...

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